1. What Is Small Claims Court in California?
Small Claims Court in California is a simplified legal process designed to resolve disputes involving smaller amounts of money without requiring an attorney. Individuals and businesses can represent themselves to settle disputes efficiently.
- Maximum Claim Amounts:
- $10,000 for individuals.
- $5,000 for businesses.
- Individuals can only file two claims over $2,500 in a calendar year.
2. Common Reasons for Filing a Small Claim in California
- Unpaid debts or loans.
- Property damage.
- Landlord-tenant disputes (e.g., unreturned security deposits).
- Breach of contract.
- Faulty goods or services.
3. Steps to File a Small Claim Lawsuit in California
Step 1: Determine If Your Case Qualifies
Ensure your claim fits within the monetary limits and involves a civil matter such as property damage, unpaid debts, or contract disputes.
Step 2: Identify the Correct Court
File your claim in the county where:
- The defendant lives or works.
- The incident occurred.
Use the California Courts website to find the appropriate court.
Step 3: Complete the Required Forms
The primary form for filing a small claim is:
- Plaintiff’s Claim and Order to Go to Small Claims Court (Form SC-100):
- Include your contact information.
- List the defendant’s name and address.
- Provide a brief explanation of the dispute and the amount claimed.
Optional forms may include:
- Fee Waiver Request (Form FW-001): If you cannot afford the filing fee.
- Proof of Service (Form SC-104): Used to confirm the defendant has been notified.
Step 4: File Your Claim
- Submit the completed forms at the courthouse in person, by mail, or online (if available).
- Pay the filing fee:
| Claim Amount | Filing Fee |
|---|---|
| Up to $1,500 | $30 |
| $1,500.01–$5,000 | $50 |
| $5,000.01–$10,000 | $75 |
Step 5: Serve the Defendant
After filing, the defendant must be notified of the lawsuit. Approved methods include:
- Certified Mail: Arranged by the court clerk.
- Personal Service: Delivered by a process server or someone over 18 not involved in the case.
Deadline for Service: The defendant must be served at least 15 days before the hearing (20 days if they live outside the county).
4. Prepare for the Hearing
Gather Evidence
- Collect documents like contracts, receipts, photos, and invoices.
- Organize your evidence chronologically for easy reference.
Practice Your Presentation
- Rehearse a concise explanation of your case, focusing on the facts and evidence.
Bring Witnesses (if applicable)
- Witnesses can testify in person or provide written statements to support your case.
5. Attend the Hearing
On the hearing day:
- Arrive early and check in with the court clerk.
- Present your case when called.
- Answer any questions from the judge.
- Wait for the judge’s ruling, which may be issued immediately or later in writing.
6. Enforcing the Judgment
If you win the case and the defendant doesn’t pay, you can take steps to enforce the judgment, such as:
- Wage Garnishment: Deduct payments directly from the defendant’s paycheck.
- Bank Levy: Seize funds from the defendant’s bank account.
- Property Lien: Place a lien on the defendant’s real estate.
7. Frequently Asked Questions
Q1: Can I file a small claim online in California?
Some counties offer e-filing for small claims. Check with your local court for availability.
Q2: What if the defendant doesn’t show up?
If the defendant fails to appear, the court may issue a default judgment in your favor.
Q3: Can I bring an attorney to small claims court?
No, attorneys are not allowed to represent you in California Small Claims Court, but you can consult one for advice beforehand.
Q4: Can businesses file claims in small claims court?
Yes, businesses can file claims but are limited to $5,000 per case.
Q5: How long does the process take?
Most cases are resolved within 2–3 months, depending on court schedules.
8. Conclusion
Filing a small claim lawsuit in California is a straightforward process designed to help individuals and businesses resolve disputes efficiently. By understanding the steps, gathering evidence, and preparing for your hearing, you can navigate the process confidently and seek a fair resolution.